HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
APRIL 11, 2017
REGULAR MEETING held Tuesday, April 11, 2017, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Tom Pech Jr., Lori
Palmeri, Steven Herman, Deb Allison-Aasby, and Mayor Steve Cummings
ALSO PRESENT: Mark Rohloff, City Manager;Angela Joeckel, Deputy City Clerk;Lynn
Lorenson, City Attorney; and James Rabe, Director of Public Works
Council Member Panske read the Invocation.
The Pledge of Allegiance was led by Mason Wolfgram from Webster Stanley Elementary
School; and, Katana Wolfgram from Webster Stanley Middle School
PRESENTATIONS
Dean Smith, Chief of Police, recognized the retirement of Sony, a member of the K9 unit
at the Oshkosh Police Department. He explained Sony was accompanied by Officer Brian
Denor; the two worked together for over 6 years and experienced over 1,124
deployments. He stated his drug sniffing efforts had resulted in significant drug busts
over the course of his career and had been instrumental in many solved crimes in the
City. He explained Sony had been funded by a sole donor who supported Sony
throughout his career. He wished Sony a happy retirement and explained he was now a
family member of Officer Denor.
Mayor Cummings presented Sony with a bone.
Seth Wyman, Oshkosh4Education, explained Project Curb was the result of focus group
meetings for the Oshkosh Area School District's (OASD) strategic plan. She explained it
was noted the exterior of the schools did not reflect the image the school district would
like in the community. She stated with minimal effort, the exterior conditions could be
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
improved. She explained the average age of Oshkosh schools was 78 years and some
schools had challenges. She stated the hope was to make changes through a community
event. She explained the kickoff was Thursday, April 271h at 6:30 p.m. located at the
Webster Stanley Auditorium. She invited members of the public to join. She explained
there would be sign-up sheets for volunteers to select projects. She stated on September
23rd, 2017, from 9:00 a.m. until noon,volunteers would work on the exteriors of 17 schools
and the district office, completing the project in one day. She explained they had been
working with Neighborworks, City staff, the Oshkosh Area School District and the
Partners in Active Learning Support (PALS) program. She stated sign-up for the project
would also be available online. She explained she had received offers of in-kind
donations from several landscapers. She encouraged members of the community to
participate. She thanked the City for allowing Oshkosh4Education to participate in
decisions that impact school such as signage and roads.
Council Member Panske questioned if the group was accepting donations for the project.
Ms. Wyman stated one of their partners was the Oshkosh Area Community Foundation,
who would facilitate the ability to accept donations on their website as well as the OASD
website.
PUBLIC HEARING
Resolution 17-173 Approve Final Resolution Regarding Revenue Bond Financing for
Oshkosh Community Young Men's Christian Association, Inc
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Herman asked for an explanation of the resolution.
Mr. Rohloff stated it was a financing project for which Council had approved the
preliminary resolution in 2016. He explained it was a method by which community
organizations, in this case the YMCA, were able to seek tax exempt financing, without it
being an obligation of the City. He stated it would allow the YMCA to receive a favorable
interest rate to continue work on their expansion project.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Herman questioned what the impact would be on the City's debt.
Mr. Rohloff stated it would not have an impact on the City's debt. He explained it would
be an obligation of the YMCA and not the City.
CITIZEN STATEMENTS
Peter Lang, 2300 White Swan Drive, explained he was a partner of Morgan Partners,
which was the developer for the property located on Oregon Street and 61h Avenue. He
stated the alternatives for the Jackson/Oregon Street Bridge project had been reviewed by
multiple City committees and he understood several of the committees would
recommend the alternative listed as'C1' or flyover bridge. He explained he was opposed
to that option and believed it would represent a challenge to the downtown. He stated
he believed the renderings provided by the Wisconsin Department of Transportation
(WDOT) did not make it easy to picture the end result. He prepared a diagram of the
option with a scale he believed was easier to understand. He explained the bridge itself,
at the river walk, would have a 21 feet high retaining wall from ground surface to the
road level. He stated it would extend 450 to the south before meeting grade at 61h Avenue.
He explained it would be a quarter mile in total and he did not believe that scale was
appropriate for a central City. He stated he understood Council was requesting the DOT
to provide additional renderings and requested they consider the lifespan of the bridge,
80 to 100 years, and what was an appropriate fit for the central City. He thanked Council
for their time and consideration.
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt of Claim filed with City's Insurance Company
A) Justin & Krystal Yager for alleged damages related to special assessment
charges
Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 4,
2017 Election for Oshkosh Mayor declaring Steve Cummings as elected; and, for Oshkosh
Common Council declaring Deb Allison-Aasby, Jake Krause & Tom Pech, Jr. as elected
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Resolution 17-174 Approve Initial Resolution for Special Assessments — Eveline Street
(Ceape Avenue to Say Shore Drive)
Council Member Herman stated the cost had not been listed in the 2017 CIP. He asked
for an explanation of the repairs and what impact the cost would have on other projects
within the CIP.
Mr. Rabe explained there had been a storm sewer failure early in 2017 which resulted in
a sink hole developing in Eveline Street. He stated City staff had patched the storm sewer
to stop the sinkhole and then patched the street. He explained they televised the storm
sewer and sanitary sewer, both of which were over 100 years old, and found imminent
failures on both systems. He stated the water main was of an unknown age and had
experienced breaks over time. He explained in addition to the need to immediately fix
the storm and sanitary sewers, the water main would continue to fail if it was not
addressed and therefore City staff had declared an emergency situation to repair the
utilities. He stated he had met with the contractor who was the low bidder for contract
17-04 that would include Bayshore Drive and Lake Street which were immediately
adjacent to Eveline Street, and the contractor agreed that his bid prices on the contract
would stay the same if the City contracted him to complete the work on Eveline Street.
He explained to replace the utilities would require the entire street surface to be removed.
He stated the bids for paving contracts 17-04 and 17-05 along with favorable pricing there
would be enough funds in the street section of the CIP to pave Eveline Street. He
explained this was the initial resolution to assess the adjacent property owners in
accordance with the City's special assessment policy for the paving restoration and any
lateral work that would need to be done for the utilities. He stated in effect,it was adding
Eveline Street to the existing reconstruction project.
Council Member Herman questioned if the residents were aware of the project.
Mr. Rabe stated City staff had a neighborhood meeting with the residents of Eveline
Street and Carr Place, a dead-end street off of the end of Eveline Street, approximately
two weeks ago. He explained it had been well attended; those present understood why
the repairs needed to happen and did not object to the work.
Council Member Palmeri questioned if the reconstruction of Eveline Street would take
place prior to or after the reconstruction of Say Shore Drive.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Mr. Rabe stated City staff was working on the final schedule with the contractor and
coordinating with scheduled neighborhood activities. He explained the schedule was
still in progress although he expected the contractor would begin utility work on Eveline
Street in June.
Resolution 17-175 Award Sid to Lincoln Contractors Supply Inc. for Pavement Saw for
the Street Division ($26,993.00)
Resolution 17-176 Award Sid to Truck Country & Casper's Truck Equipment for
Mason Truck Chassis & Body for the Street Division ($99,109.00)
Resolution 17-177 Award Sid to Envirotech Equipment for Hot Mix Conveyance Unit
for the Street Division ($32,286.00)
Resolution 17-178 Award Sid to Lincoln Contractors Supply Inc. for IndustrialDouble
Drum Vibratory Finish Roller for the Street Division ($22,600.00)
Resolution 17-179 Approve Waiver of Purchasing Requirements for Self-Contained
Breathing Apparatus for Fire Department
Resolution 17-180 Approve Land Sale on Atlas Avenue, Southwest Industrial Park, to
Shawano Associates Inc. (est. $72,292.06)
Resolution 17-181 Approve Sale of Surplus Park Property Adjacent to 1650 Villa Park
Drive ($3,000.00) (Plan Commission Recommends Approval; Parks
Advisory Board Recommends Approval)
Resolution 17-182 Approve Amendment for Parking Lot Expansion for the Specific
Implementation Plan for the Renovation Project at the YMCA / 324
Washington Avenue (Plan Commission Recommends Approval)
Resolution 17-183 Authorize Submittal of Department of Natural Resources
Stewardship Grants: (a) Riverwalk Improvements on Morgan
District Property& (b)Renovation of Existing Riverwalk Adjacent to
Leach Amphitheater
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Resolution 17-184 Approve Combination "Class B" License, Special Class "B" License
& Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-185 Amend Various Sections of Chapter 6 Animals to Permit
Beekeeping; Create Section 6-6.3 Urban Beekeeping (Sustainability
Advisory Board Recommends Approval)
MOTION: ADOPT (Stepanek; second, Palmeri
MOTION: AMEND RESOLUTION TO CHANGE SECTION C (1)(b) to 24"
depth (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
VOTE ON AMENDED RESOLUTION
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Palmeri asked for an explanation of the revisions City staff had made to
the ordinance.
Elizabeth Williams, City Planner, explained at the first reading of the ordinance there had
been items brought forward in need of clarification including the maximum hive
dimensions. She stated Council would be able to include that revision within the
ordinance with an amendment.
Council Member Palmeri stated she was excited for future beekeepers to have the
opportunity.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Mr. Rohloff stated if Council would like to include the clarification regarding hive
dimensions they would need to make an amendment to the ordinance prior to making a
final vote.
Ordinance 17-186 Amend Various Sections of Chapter 30 Zoning Ordinance (Plan
Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Palmeri requested an explanation of what was being changed.
Darryn Burich, Planning Services Manager, explained as City staff had moved forward
with amending the Chapter 30 Zoning Ordinance, they had uncovered portions that
required updating. He stated when they had adopted a new code for cross access for
multifamily developments they had neglected to bring some of the old provisions
forward, certain uses in industrial districts were being changed and information
regarding fencing was updated. He explained other amended items included electronic
message boards and architectural design standards for new construction.
Council Member Palmeri stated there was also an update to parking in driveways.
Mr. Burich stated parking in driveways was an area that had already been addressed,
and was not becoming more restrictive; the topic had not been pulled through from the
previous ordinance and needed to be included.
Council Member Palmeri stated it was her understanding that there were some future
changes and modifications in process.
Mr. Burich stated that was correct. He explained City staff would adjust quarterly as
necessary although it would not result in major changes, only clarifications and
refinements. He stated City staff had rewritten the entire 1997 code and despite efforts
to proof it in its entirety,items may have been overlooked or required additional verbiage
to clarify. He explained typically City staff revised a chapter at a time, therefore rewriting
the entire code was a significant task.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Palmeri stated she understood the new zoning code was available on
the City website and questioned if City staff had plans to make it more user friendly and
searchable. She gave an example of an individual looking for the boundaries of the
university overlay, or searching for what was allowed in urban mixed use.
Mr. Burich stated while he would like to see that happen, it would be difficult for IT to
create that function as staff would need to hyperlink each word in the ordinance.
Council Member Palmeri stated making the document searchable, as opposed to having
to open each individual chapter, would be beneficial.
Mr. Rohloff stated updating the website was one of his goals from Council and City staff
would be identifying a proposal for what would be necessary to have that function and
more. He explained if it was a capability that existed elsewhere it was an area the City
would be able to pursue. He stated the zoning code was one of the largest features of the
municipal code and making it searchable would be beneficial.
Ordinance 17-187 Approve Bicycle Lane Restrictions
MOTION: ADOPT (Panske; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Palmeri stated within the ordinance, in reference to electronic personal
assistance mobility devices, there was language that described as 'Segways'. She
questioned if personal assistance mobility devices would include scooters and electric
wheelchairs.
Mr. Rohloff stated City staff had specified Segways due to a company planning to offer
Segway tours this summer.
Ms. Lorenson stated while the publication noticed specified Segways, the ordinance
included all types of personal assistance mobility devices.
Jim Collins, Director of Transportation, stated in the state statutes a Segway was
identified as an electronic personal assistive mobility device. He explained there was
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
nothing prohibiting other electronic personal assistive mobility devices such as a mobility
scooter from utilizing the bike lanes.
Council Member Palmeri stated a member of the Oshkosh Greater Mobility Coalition had
requested clarification.
Mr. Collins stated there was nothing in place to prohibit such mobility devices from
utilizing bike lanes.
Ordinance 17-188 Approve Zone Change / 460, 474 & 482 Marion Road / From UI-
Urban Industrial & I-Institutional with a Planned Development
Overlay to UMU-Urban Mixed Use with a Planned Development
Overlay (Plan Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 17-189 Re-Adopt Municipal Code Book
FIRST READING; LAID OVER UNDER THE RULES
Resolution 17-190 Accept Gift of Rectangular Rapidly Flashing Beacons & Associated
Signage from Oshkosh Corporation to be used for the Crosswalks on
Waukau Avenue
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Jim Collins, Director of Transpiration, stated he had been contacted by Oshkosh
Corporation in regards to options to improve the safety of their pedestrian crossings on
Waukau Avenue. He explained the most popular option was rectangular rapidly
flashing beacons and if Oshkosh Corporation would be willing to contribute towards the
cost they could be installed. He stated City staff received numerous requests for beacons
and flashers to increase the safety of crossings; when such requests were received they
reviewed location usage, benefit to the public and budgetary implications. He explained
Oshkosh Corporation had agreed to fund the beacons similar to how the University had
been required to fund some of the improvements in their area and would donate the cost
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
of the infrastructure to the City. He stated Oshkosh Corporation had a representative
present for questions.
Council Member Herman thanked Oshkosh Corporation for promoting the safety of their
employees with a beacon when the project did not necessarily meet the criteria for the
City to take action. He explained that there had been an employee injured in an accident
and he commended the corporation for taking action to help prevent further accidents.
Resolution 17-191 Approve Amendment to 2017 Capital Improvement Program for
Implementation of People of the Waters Exhibit
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Pech stated the 2017 CIP budget would be increased by $130,000
although he believed the increase would be offset by a $130,000 donation.
Brad Larson, Museum Director, stated that was correct and the amendment to the CIP
was to reflect the implementation of the portion of the project that would be completed
with donations.
Council Member Herman asked for a status update on the exhibit.
Mr. Larson stated the installation should be complete by the end of June followed by two
months of refinement and docent training prior to opening on September 5th, 2017. He
explained the opening would extend for several weeks to allow the community to
participate.
Resolution 17-192 Approve Intergovernmental Agreement with East Central
Wisconsin Regional Planning Commission to Accept Funds from
Department of Defense & Wisconsin Economic Development
Corporation to Implement the Aviation/Aerospace Business Cluster
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Pech asked for an explanation of the project.
Allen Davis, Director of Community Development, explained that over the past several
years, the Department of Defense had funded City projects related to diversifying the
City's economy. He stated this resolution was the implementation portion of the projects
which focused on the aviation/aerospace cluster and building the talent pipeline, the
supply chain and funding. He explained it would accomplish goals in the City's
economic development realm through diversifying the economy and strengthening
existing businesses. He stated the agreement came from the Department of Defense to
the City who would then hire contractors for program implementation.
Council Member Pech stated he appreciated that City staff was working with multiple
partners on economic development activities.
Mr. Davis agreed.
Resolution 17-193 Approve Agreement with GO-EDC to Undertake Aerospace Niche
Implementation Phase of the Aviation/Aerospace Business Cluster
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Allen Davis, Director of Community Development, explained the agreement represented
the first contractor the City would hire to undertake the aerospace niche implementation
phase that was related to maintenance/repair overhaul, additive manufacturing and
talent upload. He stated Greater Oshkosh Economic Development Corporation (GO-
EDC) would implement the two niches and talent uploads for two years. He explained
GO-EDC had met all of the requirements detailed in the request for proposal (RFP)
process and the project was grant funded by the Department of Defense (DOD).
Resolution 17-194 Approve Agreement with Angels on the Water for Creation of
Aviation/Aerospace Fund Network
MOTION: ADOPT (Panske; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Allen Davis, Director of Community Development, explained establishing the fund was
part of the implementation of the DOD grant program and would help create a template
for other airports in the Northeast Wisconsin region for furthering aviation/aerospace
businesses with a focus on maintenance/repair overhaul and the additive manufacturers
of the aviation niche. He stated Angels on the Water had submitted their proposal and
met the requirements of the grant. He explained the funding would be paid for by the
Department of Defense.
Council Member Herman questioned what the matching fund requirements were.
Mr. Davis stated the matching funds for the grant would be provided by the City and by
Greater Oshkosh Economic Development Corporation (GO-EDC) through staff time.
Council Member Herman asked what the ultimate outcome of the fund would be.
Mr. Davis stated the goal was to get more businesses that create aviation/aerospace jobs
in Oshkosh and the region. He explained they would also like to broaden products that
existing manufactures could provide to the aviation/aerospace industry and create more
talent. He stated all three concepts were connected.
Council Member Panske questioned if the advisory board mentioned within the
resolution would be a City advisory board or a separate entity.
Mr. Davis stated his expectation was that it would be a separate entity specific to the
fund.
Council Member Panske questioned if the position of 'fund manager' described would
be employed by the City.
Mr. Davis stated no; the employee would be hired and employed by the fund.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Resolution 17-195 Approve Agreement with UW-Oshkosh to Develop Programming
for Manufacturers & Suppliers Supportive of the Aerospace Cluster
Development Efforts
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Allen Davis, Director of Community Development, stated the resolution was related to
forums, panels and symposia that would be held at UW Oshkosh, related to
aviation/aerospace that would take place during EAA and other parts of the year. He
explained UW Oshkosh had worked with the Aero-Innovations program and other ways
of continuing to further diversify and expand the City's aviation/aerospace businesses
from the supplier and manufacturing side. He stated the program would be funded by
the Department of Defense and the City would hire UW Oshkosh for implementation.
Resolution 17-196 Approve Grant Agreement with Department of Transportation for a
Transportation Economic Assistance Grant for the Transload
Facility, Southwest Industrial Park
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Allen Davis, Director of Community Development, explained the transload facility was
the result of significant work by many individuals. He stated the Wisconsin Department
of Transportation had funding to help the City create the site which was a new type of
facility within the market. He explained Wisconsin Southern Railroad would be able to
bring train cars to the spurs to offload and load commodities; specific to Oshkosh
Corporation they will be able to load their vehicles. He stated Watco would be able to
load and unload other commodities such as steel, beams, gravel and lumber. He
explained the first agreement was between the City and the Wisconsin Department of
Transportation for the $1 million grant and City staff would like to begin construction in
2017.
Mayor Cummings stated it was an exciting project.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Herman questioned if there had been any discussion related to
removing the railroad spur from the present neighborhood.
Mr. Davis stated Wisconsin Southern Railroad strongly believed that they needed to keep
the spur all the way to Washburn to allow for the movement of train cars back and forth.
He explained they would not do any transloading at the site although train cars would
be parked there periodically.
Council Member Herman questioned if citizens in the area had been made aware.
Mr. Davis stated City staff had informed citizens that they were moving the transload
site.
Council Member Herman stated that there had been complaints regarding the loading
and unloading at the site therefore he believed removing that portion would resolve most
of the complaints. He explained he believed some citizens may have thought the entire
spur would be removed and believed it was important for City staff to set the correct
expectation.
Mr. Rohloff stated the individuals he had conversations that lived in the Allerton Drive
neighborhood were concerned about the loading/unloading that resulted in loud noise
late at night. He explained he believed they understood there would still be some train
car traffic. He stated he appreciated the hard work that Watco had done to improve the
situation.
Council Member Pech stated he was appreciative of Watco's work and City staff for
partnering with the railroad.
Mr. Davis stated he believed the last few projects demonstrated that the City partnered
with several different entities for economic development.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Resolution 17-197 Approve Industry Track Agreement, Facility Use Agreement, Lease
Agreement & Development Agreement with Department of
Transportation&WATCO/Transload Facility, Southwest Industrial
Park
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Allen Davis, Director of Community Development, explained the project was a
public/private partnership and therefore there were several legal documents that would
need to be approved. He stated the industry track and facility use agreement were
required by the Wisconsin Department of Transportation (WDOT) to allow the spur to
be built in compliance with the WDOT requirements. He explained the development and
lease agreements were between the City and Watco to facilitate payment and matching
funds for the project as well as lease the facility to Watco for 25 years. He stated it was
important that the City own the facility and Watco operate it as that was a grant
requirement.
Council Member Herman asked for an exact location of the facility within the southwest
industrial park.
Mr. Davis presented a map and explained it was located where Global Parkway came to
a dead end at the north side of the railroad tracks near other industrial sites such as Lee
Company,Jay Manufacturing and 4imprint. He noted the proposed location on the north
side of the railroad tracks gave Watco the opportunity to build facilities that would serve
the transload facility; as part of the development agreement they were quested an option
of 27 acres of land around the spurs to build other support and storage facilities.
Council Member Herman questioned if the infrastructure was present or if the City
would need to put in additional roads, sewers and sanitary sewers.
Mr. Davis stated everything underground had been installed and there was a gravel road.
He explained at some point they would need to install the concrete road.
Mr. Rabe explained the concrete was typically installed three years after the installation
of the utilities. He stated for this project that would occur in approximately 2 years.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Herman questioned if Council would see that listed in a future CIP.
Mr. Rabe stated it would appear as a future CIP line item through TIF 26.
Mr. Davis stated it was TIF 23.
Council Member Herman questioned if it would make sense to use a thicker type of
concrete due to the type of heavy industrial traffic the road would receive.
Mr. Rabe stated because it was an industrial park it would automatically be constructed
to the truck standard of 8 inches of concrete payment, versus 7 inches for residential
roads, and due to the projected loads City staff may make it even thicker.
Council Member Herman questioned if that standard was in the City's municipal code.
Mr. Rabe stated he was not certain.
Council Member Herman stated he was curious.
Mr. Rabe stated it was the City's engineering standard although he wasn't sure if it was
a code requirement.
Resolution 17-198 Approve Community Arts Project Lake Fly; Approve Agreements
with Prospective Artists & Donors (Parks Advisory Board & Public
Arts & Beautification Committee Recommend Approval)
MOTION: ADOPT (Panske; second, Stepanek)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Resolution 17-199 Approve Professional Services Proposals to Tierney Brothers Inc. for
Audio/Visual Upgrades & DRS Sound Inc. for Hearing Loop
Upgrade for the Oshkosh Convention Center ($215,155.63)
MOTION: ADOPT (Pech; second, Stepanek)
CARRIED: Ayes (6) Panske, Stepanek, Pech, Herman, Allison-Aasby, Mayor
Cummings
Noes (1) Palmeri
Council Member Palmeri questioned if there was something wrong with the current
hearing loop or if it had to be replaced due to the carpet replacement.
John Fitzpatrick, Assistant City Manager, stated it was due to carpet replacement. He
explained the hearing loop was placed on the floor and adhered with the carpet therefore
when the carpet was replaced the hearing loop needed to be replaced. He stated there
was a possibility of scoring the concrete and burying the hearing loop with some type of
material although he believed the cost to that alternative would be prohibitive.
Council Member Palmeri questioned if hearing loop technology was always installed via
the floor or if there were other alternatives.
Mr. Fitzpatrick stated he was not aware of another option with a comparable price.
Resolution 17-200 Approve Settlement Agreement with the Estate of LuVern Kienast
pertaining to Kienast Quarry Remediation
MOTION: ADOPT (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
Council Member Pech asked for an explanation of the settlement agreement.
Ms. Lorenson stated in the past, the City had disposed of municipal garbage in part by
filling quarries. She explained Kienast Quarry was located south of 171h Avenue near the
Paulus Quarry and Quarry Park; the City had completed significant remediation at
Quarry Park. She stated the City had done testing at the Kienast and Paulus Quarries,
which were privately owned, and after communication with neighbors it was determined
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that remediation was recommended in the area. She explained the settlement was in
regards to the estate of Mr. Kienast,who owned the Kienast Quarry,which was identified
as an area where methane gas was being generated. She stated the City had filed a claim
with the estate for some contribution toward the remediation efforts and the resolution
would approve the settlement.
Council Member Pech stated he understood the cost of remediation may total $1 million
to $1.5 million. He questioned if it was correct that although the funds for remediation
had not been budgeted for, they were in the long term CIP.
Mr. Rohloff stated that was correct.
Council Member Pech stated the City had planned for the remediation and the settlement
would help cover the costs.
Mr. Rohloff stated the settlement exceeded his expectations. He explained it had been
unclear what the size of the estate would be; when City staff had presented the
remediation cost to the estate representatives it had been determined that although the
City had used the site, the estate would also accept responsibility for remediation. He
stated it was undetermined when the remediation would take place as there was pending
engineering investigation. He explained when Mr. Kienast passed away there had been
a small window for the City to pursue an agreement with the estate.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA
ITEMS
Mayor Cummings stated there would be an organizational Council meeting, Tuesday,
April 181h at noon.
Council Member Allison-Aasby questioned if there would be a photographer present.
Mr. Rohloff stated there was public confusion when a new Council picture was not taken
and there was a new Council member. He explained City staff was working to arrange
for a photographer to be present at the meeting.
Council Member Allison-Aasby requested that City staff review the special events policy,
specifically section 7, to ensure that it was being applied to current event holders. She
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
asked that City staff also determine the fiscal impact on the 2017 budget related to current
special events and those throughout the remainder of the year.
Mr. Rohloff stated he believed Trena Larson, Director of Finance, was aware of the
requests. He explained at a prior Council meeting, City staff had provided information
demonstrating the financial impact of the City police and fire staff raises to be
approximately $15,000. He stated Ms. Larson would gather additional information and
report back to Council accordingly.
Council Member Allison-Aasby stated she had communicated with Ms. Larson in regards
to life insurance, workers compensation and unemployment insurance premiums being
based on wages paid for the year. She explained she understood the concerns from
special event holders regarding non-variable benefits, however, she stated certain
benefits did vary based on wages.
Mr. Rohloff stated the cost of those benefits were formula based.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
There were no Council Member announcements or statements.
CITY MANAGER ANNO UNCEMENT AND STATEMENTS
Mr. Rohloff stated the foundation for the arena was being laid at the former Buckstaff
property site. He explained City staff would continue to update Council as the project
progressed throughout the spring. He stated he had a discussion with William Bertrand
from the Wisconsin Department of Transportation (WDOT) in regards to the
Jackson/Oregon Street Bridge and he did not have any additional renderings for Council.
He explained he clarified with Mr. Bertrand that Council would like a ground level view
rendering of the options which would be able to be accomplished through modifying
photographs of the current conditions. He stated Mr. Rabe had provided the
photographs to Mr. Bertrand for editing and City staff would provide Council with the
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
results when they became available. He explained the WDOT would like to get moving
on the project; although the start date was 5 years away it was important to make sure it
did not fall behind in the state's project list. He stated Mr. Bertrand explained there may
not be a significant difference between the lift bridge and the flyover bridge, however, he
informed him that Council would still like to see the visual representations prior to
making a commitment on their recommendation. He stated his advice to Council was
not in regards to which option they chose; it was to make a strong statement as the state
was only taking Council's decision as a recommendation. He explained if it resulted in a
4-3 vote, the WDOT would perceive a message that they could choose any option,
however, if Council provided a strong statement as to why they made their choice it may
have a bigger impact.
Mayor Cummings stated Council needed to consider the long term cost of the project.
He explained the initial cost would range from $11 million to $35 million and the City
would be responsible for the maintenance of the bridge during its 50-75 year lifespan.
Mr. Rohloff stated Mr. Rabe was aware of the long term maintenance costs. He explained
there was the option to rehabilitate the original bridge although the downside to that
option would be it lacked the ability to add a river walk underpass similar to the one on
Wisconsin Avenue.
Mayor Cummings stated the state would only provide a plain, functional structure. He
explained if citizens wanted the bridge to have more architectural appeal, the City would
be responsible for that cost.
Council Member Palmeri questioned if the City did not choose one of the higher
alternatives to allow for an underpass, would there be an opportunity for a pedestrian
overpass on Jackson Street, further in from the riverfront.
Mr. Rohloff stated that would be a local option decision and they were expensive. He
explained it would be an option Council could explore if they decided to select the bridge
rehabilitation alternative. He stated the cost to pay for an item like that may be
comparable to paying for the maintenance on the bridge as the standards necessary to
comply with the Americans with Disabilities Act and the amount of space required
would be costly. He explained he had worked on the project for the flyover bridge in
Grand Chute and the details associated with such a project were considerable. He stated
it may cost between$1 and $2 million.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Herman stated if they decided to select rehabilitation of the existing
bridge, technology was rapidly advancing and there may be significantly different
options 25 years from now. He explained due to new developments in the Marion Road
area the bridge choice may have an economic impact to that area and it was important to
consider how the different options would blend into the central City plan.
Mayor Cummings questioned if Council should be discussing the topic at this point in
the meeting.
Council Member Pech stated no.
Mr. Rohloff stated he would provide a report to Council for further discussion. He
explained City staff would be unveiling a new phone app in the near future called 'See,
Click, Fix' that was being used in multiple communities throughout the country. He
stated the app specific to Oshkosh was called 'Connect Oshkosh' and was intended to get
citizen engagement and point out to City staff items that needed correction. He explained
a citizen could identify an item, take a photo, and the GPS would identify the exact
location of the item which would then be sent to the appropriate department. He stated
examples included potholes, property maintenance concerns and rental unit concerns.
He explained there would be a demonstration of the app at a future Council meeting. He
stated it allowed other citizens to view the item and 'like' it, similar to Facebook and
based on both feedback from other communities and demonstrations he believed it
would be a valuable engagement tool.
Council Member Pech stated in regards to the app being used for property concerns he
believed it may result in disputes between neighbors. He questioned if any of the
municipalities who had used the app had indicated that it could be used in a negative
way.
Mr. Rohloff stated that although it could, there was a way for the City to filter those
reports if they got out of hand.
Council Member Pech questioned if the user had to identify themselves.
Mr. Rohloff stated there was an option to report anonymously. He explained City staff
received anonymous phone calls and would approach anonymous app reports similarly.
He stated there was a downside to any type of technology though he believed the app
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
would provide citizens an opportunity to point out concerns including cemetery, dead
animals, excavations that had not been addressed, fallen trees, open manholes, parking
on the grass, pothole pavement, property maintenance, rental housing issue, sewer
backup and others.
Council Member Palmeri questioned if the app had reporting capabilities.
John Fitzpatrick, Assistant City Manager, stated there were reporting capabilities. He
explained citizens would be able to submit a report with a name or anonymously and the
GPS capabilities would provide the applicable department the exact location. He stated
the app would show the progress on the reported item, how many other individuals had
reported the item and when it was acted upon. He explained it was a great interactive
tool for the public and City staff and information from the reports may be able to be
integrated into future projects.
Council Member Pech questioned if 'See, Click, Fix' could be used to push information,
as a way of providing communications to citizens.
Mr. Fitzpatrick stated there were several different interfaces on'See, Click, Fix' therefore
there were multiple ways for citizens to connect with the City. He explained it was not a
work order tool; it was a way for City staff to connect with the community. He stated
City staff that had been involved in the onboarding of the project were excited about the
app. He explained he believed it would be allow citizens to feel as though City staff was
aware of their concerns, and improve communication to allow employees to be more
efficient and responsive.
Mr. Rohloff stated the City had completed emergency procedures to allow for the Irving
Avenue closure at the Canadian National Railroad Crossing for repairs.
Mr. Rabe indicated repairs were underway and should be complete in a timely manner.
Council Member Pech stated he had individuals contact him regarding construction work
taking place on New York Avenue in front of Merrill Middle School. He stated he
believed that City staff had planned to minimize the work until the end of the school year.
Mr. Rabe stated utility work would take place during school time while paving and
restoration activities would take place outside of the school year. He explained it was
not possible to construct the utilities and pave the road outside of school time.
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PROCEEDINGS OF THE COMMON COUNCIL—APRIL 11, 2017
Council Member Pech stated that was the explanation he had provided and he wanted to
confirm with City staff.
Mr. Rabe stated City staff had met with the school district on several occasions and had
emphasized that they needed to complete the utilities, which would result in intermittent
interruptions, although once the paving began there would be a lack of access.
Council Member Pech stated one individual who had contacted him had explained that
the crews were doing a great job of helping people get where they needed to be.
Council Member Herman stated he understood the City notified citizens who would be
affected by street repair that it was occurring. He questioned if there were any press
releases related to construction on major streets, such as the closures on Irving and New
York Avenues.
Mr. Rabe stated the City required contractors to post signage a week in advance of
construction in addition to notifying adjacent properties. He explained there had been a
newsletter detailing the construction projects and the mailing lists were active.
Council Member Herman asked for an explanation of how citizens could receive the
information.
Mr. Rohloff indicated that citizens could subscribe through a link on the City website and
receive regular updates on New York Avenue.
Mr. Rabe stated there was also a weekly traffic restriction and construction activity report
that citizens could sign up for through a link on the City website.
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Council Member Stepanek thanked Council and City staff. He explained it had been an
honor to work with, learn from and serve with his colleagues. He stated Council and
City staff were among the most dedicated people he had worked with. He thanked the
citizens of Oshkosh for the opportunity and honor to serve the community.
MOTION: RECESS UNTIL NOON ON APRIL 18, 2017 (Pech; second,
Herman)
CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Mayor Cummings
The meeting recessed at 7:40 p.m.
ANGELA J. JOECKEL
DEPUTY CITY CLERK
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